HomeMy WebLinkAboutA3659 - DESERT HOSPITAL SUBDIVISION IMPROVEMENT PM 26805 626805 Subdivison Impr. Agr.
sert Hospital
AGREEMENT #3659
CITY OF PALM SPRINGS CM signed 11-15-96
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made ,and entered into this day of
n oQj,, - , 19_ (o , by and between Desert Hospital
Corporation A California Non-Profit Public Corporation and Desert
Hospital Corporation, A California Corporation, hereinafter
collectively referred to as "subdivider" and CITY OF PALM SPRINGS,
a municipal corporation of the State of California, hereinafter
referred to as "CITY";
WITNESSETH:
WHEREAS, Subdivider has prepared and filed a final subdivision
map of Parcel Mao No. _26BO5 in the City of Palm Springs, County
of Riverside, for approval by City; and
WHEREAS, Subdivider, by said map, has offered for dedication
to City for public use the streets and easements shown in said map;
and
WHEREAS, City desires to accept the streets and easements
shown on said map for public use, and certain other such
improvements; and
WHEREAS, as a condition precedent to the acceptance of the
dedication of such streets; and easements by City, Subdivider is
required to enter into an agreement with the City to construct
certain improvements; and
WHEREAS, the total cost of such improvements has been
estimated by the City Engineer to be approximately $ 159 , 500
i
NOW THEREFORE, IT IS AGREED by and between the parties hereto
as follows:
1. Subdivider, at his sole cost and expense, shall construct
and install the street, drainage, domestic water, sanitary sewer
and other improvements required to be constructed or agreed to be
constructed as a condition precedent to the approval of said final
map and acceptance of such streets and easements, as shown on the
"Improvement Plans for P<srcel Map No. 26805 it, a copy of which
is now on file n the office of the City Engineer of the City and
which is rof rred to andincorporated herein as though set forth in
full.
2 . Sub eider shall furnish to City good and sufficient
€ executed by a corporation authorized to transact surety
AGPA
usiness in the State of California on forms approved by City, one
in the sum of $ 159 , 500 to assure the faithfulerformance of this Agreement, and one bend in the sum of $ 79 ,750
to assure payment of the cost of the labor and materials for the A-L
improvements required to be constructed or installed hereby. �E1
Page 1 of 3 � .
Subdivision Improvement Agree,
Page 2 of 3df � ���
_t a
Ar
Both of said b shall be deyy
eme/exonerated upon acceptance by
the City of the improvements, and the furnishing of a maintenance
bond at the time of the acceptance in the amount of $ 23 , 925 . 00
Said maintenance bond shall remain in effect for a period of one
year from date of acceptance of the improvements.
3 . Before final approval of street improvements, the
Subdivider will place survey monuments in accordance with the
provisions of the State Subdivision Map Act and the Subdivision
Ordinance of the City of Palm Springs as shown on the Tract Map.
The Subdivider, after setting the monuments, shall furnish the
City Engineer of the City of Palm Springs, written notice of the
setting said monuments and written proof of having paid the
engineer or surveyor for the setting of said monuments, or as
provided for in the Subdivision Map Act.
4 . In accordance with the terms of said subdivision
regulation aforesaid, the Subdivider does hereby agree to furnish
a good and sufficient bond in the amount of $ NOT REQUIRED to
guarantee payment of the cost of setting monuments as stated in
Item No. 2 of this agreement.
5. The City Engineer or his duly authorized representative,
upon written request of Subdivider, shall inspect the improvements
herein agreed to be constructed and installed by Subdivider, and,
if determined to be in accordance with the applicable City
standards, shall recommend the acceptance of such improvements by
the City.
6. Subdivider shall complete such improvement plans
including any corrections and revisions thereto necessary to comply
with the applicable City standards as determined by the City
Engineer, within thirty (30) days after approval of the final map.
7. Subdivider shall perform any changes or alterations in
the construction and installation of such improvements required by
City, provided that all such changes or alterations do not exceed
10 percent of the original total estimated cost of such
improvements.
S . Subdivider shall guarantee such improvements for a period
of 'one year following the completion by Subdivider, and acceptance
by City, against any defective work or labor done, or defective
materials furnished, in 'the performance of this Subdivision
Improvement Agreement by Subdivider and shall repair or- replace any
such defective work or materials discovered during said one year
period.
Subdivision Improvement Agreement
Page 3 of 3
9 . Subdivider shall commence the construction and
installation of such improvements within thirty (30 days from the
approval of such "Improvement Plans for Parcel Map No. 26805 of
by the City Engineer, and shall complete such construction and
installations within nine (9) months from such date of
commencement.
10. In the event that Subdivider fails to perform any
obligation hereunder, Subdivider authorizes City to perform such
obligation twenty (20) days after mailing written Notice of Default
to Subdivider at the address given below, and agrees to pay the
entire cost of such performance by City.
11. In the event that Subdivider fails to perform any
obligation hereunder, Subdivider agrees to pay all costs and
expenses incurred by City in securing performance of such
obligations, including costs of suit and reasonable attorney's
fees.
12 . Subdivider hereby binds itself, its executors,
administrators and assigns, and agrees to indemnify, defend, and
hold the City harmless from any losses, claims, demands, actions or
causes of action of any nature whatsoever, arising out of or in any
way connected with the improvements agreed to be constructed and
installed hereunder by the Subdivider, including costs of suit and
reasonable attorney's fees.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
SUBDIVIDER:
Desert Hospital Corporation, A
California Non-Profit Public
Corporation
Desert Hospital Corporation, A
California Co orati
By:
By
r �
,�y EE�L3. G,iic)'.._�L-B�_)_(o �77-.j ln--,5 �,,. ; By:
eAY\Jei",C�e:Q. ��-�.S-7(P rf�J � tIFO tv i- N�Di�4n1 c,; t��/177V .�Y��vl-
Address
i'!�Lvin SPRIrvc s cAU!--oRNYY4 g2262
City
CITY OF SP G ALIFORNIA
( �-1
City Clerk (Ci y Manag r
REVIEWED & APPROVED
2US
F
State of California
County of Riverside
Subscribed anM1 sworn before me this day of c rc'y1 199(n ,
by
U Verna M. Loeffler ;
Comm.#10dA844
NOTARY PIX-CAUFORNV
POVEPOW OOUNTY ll
COM.E*Jur 21.1M.A
Verna M. Loeffler
INSTRUMENT OF CRSDTT
(Faithful Performance)
The undersigned, being a financial institution which is
subject to regulation by the State of California or by the Federal
Government hereby pledges that moneys to the extent of one
Hundred Fifty Nine Thousand Five Hundred Dollars ($ 159,500 )
and on deposit by Desert Hospital Corporation,_A California Non-
profit Public Corporatig-rL and Desert Hospital Corporation, A
California Corporation , hereinafter referred to as Improver, for
the purpose of securing Improver's performance of all the terms and
conditions of that certain Agreement for Completion of Improvement
Work dated lnoL A,P.._ IS \ 29Ae , by and between Improver and
the City of Palm Springs, a Municipal Corporation, an executed copy
of which is hereto attached and incorporated herein by reference
and that said funds are trust funds for the sole purpose of
guaranteeing the payment thereof to the City of Palm Springs or
such portion thereof as said. City may request for the completion of
the improvements set forth in said Agreement in event of default by
Improver.
The undersigned agrees that upon receipt of written notice of
default by Improver in Improver Is performance of the terms and
conditions of said Agreement, signed by the Director of Public
Works of said City, the undersigned shall immediately pay said
funds or such amount thereof as shall be set forth in said notice,
to the City of Palm Springs.
The undersigned further agrees that it shall hold said funds
on deposit as trust funds for the uses and purposes herein set
forth or such amount as may remain, until such time as it receives
written notice signed by the. Director of Public Works of said City
to the effect that said Agreement has been fully performed and
authorizing the release of said funds to the depositor.
This Instrument of Credit is executed and delivered in
addition to the Instrument of Credit bearing the same date
guaranteeing payment of labor and materials under said Improvement
Agreement by Improver.
By execution and delivery of this Instrument to the City of
Palm Springs, the undersigned is relieved of any and all liability ,
to Improver except as /herein specifically set forth.
Dated at l:?w ��aG��o , California, this
day of 19LEOLI .
By Y1
The undersigned, being the Improver referred to in the
foregoing Instrument of Credit, hereby agrees to all the terms and
conditions therein set forth and releases the financial institution
executing said Instrument of Credit from all liability except as
therein specifically set forth.
Page 1 of 2
1
M r r. • I•
Instrument of Credit
(Faithful Performance)
Page 2 of 2
Dated at A4n) 5P-AOW6�S' , California, this
day of 1114W(i'N , 19 lG
Desert Hospital Corporation, A
California Non-Profit Public
Corporation
Desert Hospital Corporation, A
California Corpo ation
By:
By:
By:
Ap� oveA__�
Director of Public Works
City of Palm Springs
Approved as to form:
City Attorney
City of Palm Springs
State of California
County of Riverside
Subscribed and sw n before me this 2 ,c4 day of 'M o,rdn 19 9 G ,
by —
ci
U Verna M. Loeffler
Comm.*1058W
O NOTARY P!IC•CALIFORNIIG
iG RIVERSIDE COUNTY 11
Corn.Exp.June 23.1999'i 11I'Ed
Verna A Loeffler
STATE OF U=FOP.P:IF
C0U1C"iY OB SAD; =0
SUBSCB.IBM, -AND S4C0ES`; TO BEFOPE AE TtiIS 17TH MY OF ARPIL, 1996,
BY MVIB T. BRLEQ.
Y Y' �O'Y3:Bbr.G /J
KAY J.THORNBUvvRG
_ 1+l , comm.##985204
,y n, NCd'Jl :EGO COUNT NU t6
&.'R PUBLIC
COUNTY l(((7777
LAB Uamm,ssi m ErppTres
5-rSRU RY 22, 1997
INSTRUMENT OF CREDIT
(Labor and Material)
The undersigned, being a financial institution which is
subject to regulation by the State of California or by the Federal
Government hereby pledges that moneys to the extent of Seventy-
Nine Thousand Seven Hundred Fifty Dollars ($ 79 . 750 ) and on
deposit by Desert Hospital_ Corporation, A California Non-Profit
Public Corporation and Desert Hospital Corporation A California
Corporation , hereinafter :referred to as Improver, for the purpose
of securing payment to the engineer, contractor, his sub-
contractors and to persons :renting equipment or furnishing labor or
materials to them for the improvement provided for that certain
Agreement for Completion of Improvement Work dated (low 9_ A k�
1gn'-e , by and between Improver and the City of Palm Springs,
a Municipal Corporation, an executed copy of which is hereto
attached and incorporated herein by reference and that said funds
are trust funds for the sole purpose of guaranteeing the payment
thereof to the City of Palm Springs or such portion thereof as said
City may request for payment to the engineer, contractor, his
subcontractor and to persons renting equipment or furnishing labor
or materials to them in construction of the improvements set forth
in said Agreement in event of default by Improver.
The undersigned agrees that upon receipt of written notice of
default by Improver in Improver' s payment of payment as above set
forth, signed by the Director of Public Works, the undersigned
shall immediately pay said funds or such amount thereof as shall be
set forth in said notice, to the City of Palm Springs.
The undersigned further agrees that it shall hold said funds
on deposit as trust funds for the uses and purposes herein set
forth or such amount as may remain, until such time as it receives
written notice signed by the Director of Public Works of said City
to the effect that all said payments have been made and authorizing
the release of said funds to the depositor.
This Instrument of Credit is executed and delivered in
addition to the Instrument of Credit bearing the same date securing
the faithful performance of said Agreement for Completion of
Improvement Work by Improver.
By execution and delivery of this Instrument to the City of
Palm Springs, the undersigned is relieved of any and all liability
to Improver except as herein specifically set forth.
Dated t 5 t o f "ems California, this Ar%
day of / ✓1/2t � , 19-/ .
Page 1 of 2 YI
Instrument of Credit
(Labor and Material)
Page 2 of 2
The undersigned, being the Improver referred to in the foregoing
Instrument of Credit, hereby agrees to all the terms and conditions
therein set forth and releases the financial institution executing
said Instrument of Credit from all liability except as therein
specifically set forth.
Dated at YiTLN1 52/ ��s California, this
day of 191L—
Desert Hospital Corporation, A
California Non-Profit Public
Corporation
Desert Hospital Corporation, A
Californl�i�,Corporati"n
r
By: �/ Doti r��
6 #141,?,W IRId 361reP
By:
By:
Appk�ove ���
Director f Public Wor s
City of Palm Springs
Approved as to form:
City Attorney
City of Palm Springs
r
State of California
County of Riverside
Subscribed and swop before me this z a n ck day of aY,o,r c4 19 ,
i I i
Verna M. Loeffler i
Comm.#110588" (�
C) NOTARY PUSIJC-CALIFORNVG
RIVERSIDE COUNTY
Comm.Exp.June 23,1999^�
Cty),f;k'
Verna A Loeffler
STATE OF CPTIFOF'r4IA
COT`":"_'=� OF SA.; DIEGO
SUBSCRIBED AND SGSOT: TO BEFO-PE P:E THIS 17IH DAY OF APPSEr 1996,
BY DAVID T. BPTLE1�,.
KAY J.THORNBURG
COMM.#985204
NOTARY PUBLICCALIFORNU
SAN DIEGO COUNTY
Nh�Commission Expires
F-BRIJA1RY 22, 1997
�3 G�
MEMORANDUM
DATE: November 18,1996
TO: File
FROM: City Clerk
PM 26805 SUBDIVISION AGREEMENT
The time lapse between the date of the bonds and date of execution by the developer and
that of the City and the date inserted in the letters of credit, is due to City Attorney
concern that the bonds needed to be in a different form. New forms have since been
used for other projects. Developer did not want to start over, since documents were in
place. Matter remained unsettled, City Manager discussed with developer (i.e., Mike
Fontana) and signed agreement. City Engineer advised that date of the agreement should
be date City Manager executed, as it is "effective date" from which the time in which
to-complete
�the improvements begins.
7- �-DITH SUMICH
City Clerk